Majority
p. 889Dominico Campana, Respondent, v. Newark Fire Insurance Company, Appellant, and Livingston County Trust Company, Defendant.
Order reversed in so far as it vacates the notice in respect to an examination as to the vacancy of the premises and motion denied as to this and order otherwise affirmed, without costs of this appeal to either party. The burden of proof to establish a breach of the terms of the contract in respect to a vacancy of the premises is on the defendant and defendant is entitled to an examination of the plaintiff in respect thereto. All concur.